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How many times can you ask for an MR?
I have a client who has been advised on an overpayment of IB ESA of £22.5k. We asked for MR and an explanation of the reasoning behind the overpayment. Client has received a letter headed “Your Mandatory Reconsideration Notice” which states they have changed their decision because there was an error in calculating the amount of overpayment of “£25.5k” and it is now £20.5k. They state they have not changed their decison on the underlying issue. There is none of the information you normally get in the letter about rights of appeal to a Tribunal, second copy etc.
Any views as to whether this an appealable decision, or do we have to ask for MR again because they have changed the original decision on the quantum?
It’s my understanding that if you / your claimant are unhappy with the mandatory reconsideration decision (even if it reduces the amount sought) you can just go to appeal now.
It used to be the case that any change to the benefit of the claimant meant the process ended and you had to start again but I don’t think that’s the case anymore.
It’s worth looking at the relevant regulation - reg 3ZA of the 1999 Decisions and Appeals Regulations. (They don’t use the term ‘mandatory reconsideration’ at all - this is DWP jargon) https://www.legislation.gov.uk/uksi/1999/991/regulation/3ZA
It’s a requirement to bring an appeal that “the Secretary of State has considered on an application whether to revise the decision under section 9 of the Act”.
That has happened here - because your client has requested revision and DWP, in the event, have revised their decision even if not to the extent they would like - so yes, an appeal can be brought.
It used to be the case that any change to the benefit of the claimant meant the process ended and you had to start again but I don’t think that’s the case anymore.
I think you have in mind the different situation where the decision is favourably revised after an appeal is brought and the appeal therefore ‘lapses’. This wouldn’t apply here because there is not yet any appeal to lapse. If, for argument’s sake, this claimant lodged an appeal and the DWP then revised their decision again and said that only £18.5k was now due, then the appeal would lapse and a new appeal would need to be started (although another MR would not be required).
Thank you all - appeal here we come.